Sunil Shankar Rokade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.444 OF 2025 Sunil Shankar Rokade ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Pravin Uttam Gaikwad a/w Mr. Gahineenath Karanjule, Advocate for Applicant.

Ms. R.V. Newton, APP for the State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

20th January 2026 P.C.:

1.

Heard Mr. Gaikwad, learned Counsel for the Applicant and Ms. Newton, learned APP for the State.

2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.537 of 2024 registered with Dighi Police Station, Pimpri Chinchwad, for the offences punishable under Sections 318(4), 336(2), 336(3), 337, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). 3.

The prosecution case is set out in paragraph Nos. 2, 3 and 4 of the Order dated 6th January 2025 passed by the learned

Additional Sessions Judge, Pune in Criminal Bail Application No. 7504 of 2024, which reads as under:

"2] In brief, it is case of prosecution that police constable Pandulik Patil, B.No. 2315 of Antiterrorist Squad, Pimpri Chinchwad police station office, lodged report stating that when he along with PI Vikas Raut of Anti-terrorist Beauro were verifying the online verification at that time, they found that the Tata Communication, Dighi have appointed some employees after getting police clearance certificate. The contract of it was given to Dipak Agrawal. Dipak Agrawal told that the Tata Communications have appointed some drivers, defense staff, house keeping staff and other staff after getting police clearance certificate. Accordingly, Shri. Agrawal had given documents of those persons who were appointed in Tata Communication after getting police clearance certificate.

3] When the said certificate was examined on the Web portal at that time they found that some of the police clearance certificate are fabricated document and some clearance certificate of Khwaja Illayas Shaikjh, Nagraj Gundyappa Swami are not given by the police department. He also found that the addresses shown on online portal of some persons and their documents are forged one. The anti-terrorist beauro also make physical verification and record the statements of some of the persons. At that time, it came to know that some agents are giving these police clearance certificate after getting Rs. 1200-1600 per candidate. The Serial Nos. 1 to 18 police clearance certificate are issued from Yerwada police station, 19 to 30 are issued by Chatushrungi police station, certificates at Sr. No. 31 to 41 are issued by showing wrong name of the police station. In the investigation, it reveals that Sandip Bansode, residing at Lohgaon, Yerwada, Pune, Sunil Rokade resident of Pimpale Gurav and some other persons are issuing

fabricated, bogus, false police clearance certificate. So, he went to Dighi police station and lodged report. 4] On his report C.R. No. 537/2024 u/sec. 318(4), 336(2), 336(3), 337, 340(2), 3(5) of BNS, came to be registered."

4.

Mr. Gaikwad, learned Counsel for the Applicant submits that the Applicant is not involved in the crime and in any case custodial interrogation is not necessary. He submits that there are no other antecedents.

5.

On the other hand, Ms. Newton, learned APP strongly opposes the Application. She points paragraph No.5 of Affidavit-inReply dated 9th April 2025 and submits that the Applicant as an Agent used to issue Police Verification Certificate by accepting an amount of Rs.1,300/- to Rs.1,600/- per candidate. However, on instructions, she submits that there are no other antecedents. 6.

Perusal of record shows that a learned Single Judge by Order dated 18th February 2025 has already granted interim protection. The said protection continues for last about 11 months. A coAccused has been granted pre-arrest bail by Order dated 7th February 2025 passed by a learned Single Judge. 7.

Thus, in the facts and circumstances, case is made out for grant of pre-arrest bail. However, as the offence is concerning

preparation of fabricated police clearance certificate, stringent conditions are required to be imposed. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Sunil Shankar Rokade be released on bail in C.R. No.537 of 2024 registered with Dighi Police Station, Pimpri Chinchwad, on executing P.R. bond of Rs.25,000/- and furnishing one or two solvent sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station on 28th January 2026 and 29th January 2026 between 11.00 a.m. to 2.00 p.m. and thereafter as and when called by the Police and shall co-operate with the investigation.

(iii) In addition to above, the Applicant shall attend the concerned Police Station on 1st and 3rd Sunday between 11.00 a.m. to 2.00 p.m. till disposal of the case.

(iv) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(v) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(vi) The Applicant shall not leave India without prior permission of the Court.

(vii) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.

8.

The Anticipatory Bail Application is allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)